Patna High Court
Santu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.10,000 with two sureties.
Summary
Santu Kumar, a mobile shop owner, was arrested for allegedly clicking an obscene photograph of a minor girl, the informant’s daughter, and making it viral. He faced charges under multiple sections of the Bihar Narcotic and Substance Act, 2023, the Information Technology Act, and the POCSO Act. The petitioner contended that he was falsely implicated, had no prior criminal record, and that the victim’s statement indicated only a consensual photograph, not an obscene one. The State opposed bail, citing the seriousness of the offences. After considering the statements, lack of antecedents, and the circumstances, the Court ordered that bail be granted on condition of a Rs.10,000 bond with two sureties. The order directs the petitioner to appear before the Special Judge for compliance.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the BNSS Act, IT Act and POCSO Act
- Whether the evidence, including the victim’s statement, justifies continued detention
Legislation cited
- B.N.S., 2023 — s. 126(2), 3(5), 351(2), 351(3), 77, 79
- Information Technology Act — s. 66A, 67E
- POCSO Act — s. 12, 14, 8
Subjects
- bail
- obscenity
- child sexual abuse
- POCSO
- Information Technology Act
- criminal procedure
- framing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20580 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- PARANDABAR District- Nawada
======================================================
Santu Kumar son of Ganauri Prasad Resident of Village- Duari, Police
Station- Parnadabar, District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Son of Y Resident of Village- Baniyadih, Police Station- Parnadabar,
District- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Parnadabar P.S. Case No. 292 of 2025 registered for the
offence punishable under Sections 77, 126(2), 351(2) &(3), 79,
3(5) of the B.N.S., 2023, Sections 66A and 67E of the I.T. Act
and Sections 8, 12 and 14 of the POCSO Act.
3. The case of the prosecution, in short, is that the
petitioner who runs a mobile shop has clicked obscene
photograph of minor daughter of the informant and has made
the same viral.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20580 of 2026(2) dt.31-03-2026
2/3
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner has been framed in this
case, as there was some dispute regarding cash. He also submits
that only allegation against the petitioner is that he has teased
the minor daughter of the informant and has made the
photograph viral. He further submits that the learned trial court
has recorded in the statement recorded under Section 183 of the
BNSS that the victim has stated that the petitioner got the
mobile number of the victim and started calling her and one day
when she was alone, he arrived at her home and clicked his
photograph with the victim and has made the photograph viral.
He further submits that from perusal of the FIR, it is clear that
there is an allegation that the petitioner had made an obscene
photograph of the victim viral, whereas the victim stated in her
statement recorded under Section 183 of the BNSS that he had
clicked a photograph with her, which was made by him.
Moreover, a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 07.01.2026.
5. The application for bail is opposed by learned APP
for the State.
Patna High Court CR. MISC. No.20580 of 2026(2) dt.31-03-2026
3/3
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, POCO-cum-Additional District & Sessions Judge-VI,
Nawada in connection with Parnadabar P.S. Case No. 292 of
2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.